McGee v. JLPC Corp.

On December 9, 2006, at approximately 3:00 a.m., the plaintiff, while a patron at the Handlebar Restaurant (hereinafter the Handlebar) in Mt. Sinai, observed the defendant Shaun Kenney at the bar. The plaintiff, who also worked as a waitress at the Handlebar, was familiar with Kenney since he was a regular patron. She tapped Kenney on the back of his head to get his attention. At the time, he was speaking to someone else, so he finished what he was saying and then turned around. As Kenney turned, his right elbow came into contact with the plaintiffs arm, which was holding a glass to her lips…